Connecticut western news., 1887-08-03
AFTER STEWART'S MILLIONS.
A Niece of Mrs. Stewart Makes Charges Against the Executors.

The complaint served by Messrs. Martin and Smith, attorneys for Sarah N Smith, niece of Mrs. Stewart, in her action against Henry Hilton and others for an accounting of A. T. Stewards millions, was made public in New York. The cause of action, as specified at length in the printed complaint, is briefly this:
 Henry Hilton and William Libby were ex- ecutors with Mrs. Stewart of A. T. Stewards will Mrs. Stewards qualification was merely nominal. She placed the most implicit confi- dence in Hilton, and this he knew and used to his own advantage. AS trustee, it was his part to see that Mrs. Stewards interests were well cared for, and as a consideration, he was to receive x legacy of S1,OOO, 900. The plaintiff ayers that he ''wilfully, wrongfully, and fraud- ulently violated" the trusts confded to him, and 'never became entitled to receive the said condition legacy or any part thereof" Hilton was man of limited means, as was also William Libbey-in fact, both were con- siderably in debt to the business. Mrs. Stew art was easily induced to sign bill of sale conveying her entire interest in the firm of A. T. Stewart & Co. to Hilton in consideration of S1 ,U0O, 900. Her interest was really worth SIC, ,OOO 900. This Hilton and Libbey both knew, but it was represented to Mrs. Stewart that the transfer was a matter of form. Fur ther the S1,0OO, 900 agreed upon was never paid Mrs, Stewart or the estate. In obtaining this bill of sale Hilton well knew that he was committing 'sa gross and fragrant and uncon- scionable breach and violation of the trust and confidence reposed in him."
 new firm was formed, with Hilton and Libbey as sole partners, and the only capital represented was the fraudulent bill of sale. Both drew large amounts from the firm, amounting to many millions of dollars" and applied the money to purchases of real estate and securities for themselves The firm was, in fact, organized chiefly for the purpose of converting into money the said stock of goods, property, and assets, and apportioning the same between them.
 Altogether, the defendant ayers, the estate has been spolated to an amount between fif- teen and twenty millions of dollars and that, upon an accounting, Henry Hilton will be found to be absolutely insolvent. Hilton is bound to account for values of upward of S1O,OO0,OOO, and Libbey, not ony for the money received by him from the firm, but also for what he permitted Hilton to misappropri- ate.
 Since Mrs. Stewards death all the money due the estate has been collected and appro- priated by Henry Hilton. The office of Chas. J. Clinch as joint executor is purely nominal, as he lives and has lived in Paris, and has given Hilton a full power of attorney to act for him in the premises.
 The plaintiff prays that the bill of sale of Mrs. Stewards interest in the business be set aside, that Hilton be adjudged to have no right or title therefrom, that Hilton, Libbey, and Clinch be removed cs executors, that they be enjoined from disposing of the prop erty, and that & receiver be appointed to whom the executors shall be required to ac- count.
 William Libbey could at any time have pre- vented Hilton from accomplishing his aims. He we'll knew that the business obtained for less than one-tenth of it's value. He en- tered, however, into Corrupt and fraudu- lent understanding" with Hilton, the details of which are not known to the plaintiff. The amount of money drawn from the firm up to the time of dissolution was about S6, COG, 900, one-sixth of which went to Libbey, this money being the excess of the actual value of the stock over the reduced value represented by Hilton to be the real value of the stock, and that the residue of the stock, aggregating seven or eight millions, was appropriated by Hilton to hiS own use and turned over to two new firms E. J. Denning & Go. and Sylvester Hilton & Co.,, in which Hilton is interested. Mrs. Stewart also was induced to sign a power of attorney, giving Henry Hilton full power over her personal estate, and by means of this Hilton appropriated large amounts of money to his own use. He is charged with keeping fraudulent set of books in connec- ton with these personal accounts, by means of | which he constantly made large balances ap- pear in his favor, which Mrs. Stewart paid | from her real estate or other resources.